court ordered class and denied visitation

[DEdead]

delaware, i have to take my daughter to a parenting class orderd by the court, anyway i have a class setup, but x is now refusing to let my have daughter, she denied me visitation 2 weekends ago, i asked for x-mas time, childs school vacation she has 2 weeks off, x said i could have her the 30th till the 5th, i got the class and then she got mad at me and decided not to let me have her now, my lawyer did file a contempt motion in the courts for that weekend, x says that she is not letting me have her because she is now going by the order, says winter summer vaction time i can have child tuesday overnights, so she said thats all im getting, but, when she moved out of state in the DE guidlines it states if co parent moves they muct file a visitation modification order, she never did and for the most part we worked together, but now she is refusing to she moved 3 years ago, so i understand i cant do anything now, we are in a custody battle now i am fighting for custody as well if i lose that i did a visitation modification as well, she refuses to share any info, doc, school or other, tells me what goes on there is not my buisness if i want to talk to daughter i am to ask how school is and thats it. i told her i had the class and she is going to have to take her but she said she will not, im in DE her in MD if she refuses to let me take her and she wont can i do anything?

 

[BL]

Since your Lawyer filed a Contempt Petition, you can address all these issues there .....

You may try to modify the order to request joint Custody if you can not prevail on physical Custody.

As far as records go , a Documented Parent has a Right to ( unless prevented by court order ) to access of child's records under fed. Law. ( FERPA)

 

[DEdead]

visitation

my lawyer and i did file the modifecation as well as the physicle custody, the contempt motion was filed last week and i was advised to e-mail her back about her refusle to let me have aimee for a week of her school break, after she told me i can, and i did talk to my daughter about it and she was excired, i have her this weekend and when i got er she told me i was a liar, and asked ne why i didnt want her!!!! well needless to say mom told her she never said aimee could stay here a week and told aimee i did not want her that long, so i did show aimee the e-mails only because i refuse to have aimee thinking that stuff, she's 10. also mom said in e-mail aimee had an emergency meeting because i told aimee i missed her, well aimee said she was upset cause moms new husband gave her rabbit away, also this emergancy meeting happend, and mom didnt tell me until a week and a half later when she is by our order to let me know of these things, i also told her by advisment of my lawyer if she still refuses this time with aimee and me we will file a motion against her, no matter if it is in our agrement or not, she is breaking a agrement we had and has to do with aimee and not moms feelings, amoung other things

 

[BL]

Good, it sounds like you are on top of it.

I would however ask your Lawyer to include a modified order to State :

1) " The subject child IS NOT to be put in the middle of adult's
orders "

2)" The Parents are NOT TO talk derogatorily of or about the other Parent in front of or to the Child "

This might deter the other Parent from such behavior , maybe ?

 

[DEdead]

VISITATION

actualy in court about med bills the judge did say the parents need to stop talking about eachother in front of her, but that doesnt matter to her, because she just says aimees lieing about it all the time, its funny cause when i say aimee mentioned wjhat ever she says well shes a liar but when she says aimee told her something well then shes telling the truth, its ok tho because she talks to her school counsler about everything, the spankings the fighting at moms tells her everything and its all documented

 

[stealth2]

If there is a court order that bars the parents from putting the kid in the middle, that will also include showing your daughter the emails, etc as "proof". Just as an FYI.

 

[DEdead]

visitation

true and i understand that, but i will not have my daughter walking around thinking im a liar and that i dont want her, thats exactly what her mom told her, and im willing to take that chance, i realy dont have any other choice, either have her walking around here feeling unwanted or show her the truth, i did what i felt was the best thing, courts will say im wrong but atleast my daughter will know i do want her.

 

[BL]

Your Documented proof is admissible in court. Also, what the child is telling you can be considered in court ( since the child is the subject of the hearings). Thus it is NOT hearsay.

If you get those orders I mentioned included in Orders, and it continues, it can be considered Contempt and violation of the Court Orders .

 

[DEdead]

visitation denied

well i did get a e-mail back from x saying that i can go put as many motions into the court that i want but she does not legaly have to give me aimee for any amount of time but what the order says, ok thats fine but i told her that i will put a motion in no matter what only due to the fact she did tell me in e-mail and phone i could have aimee for this week and told aimee as well, also to the fact due to the weather friday i told her id be down saturday and she was ok with that, until i called to come to get her saturday she said to bad we have planes, now as talking with my lawyer it was still my weekend to have my daughtre and she broke that so i can and did file, she claims that i didnt show friday its my fault, well it was our first storm and it was snow sleet and rain friday night and she thinks because i put safty first i shouldnt have aimee, i think thats just wrong, so there will be 2 motions of contempt this month against her, i also have doc documents and school documents of thigs that have been going on in her home and its all goes towards what im fighting for, she thinks that i wont get aimee because she has had her for the last 8 years, and i didnt fight because she is a good mom but she is letting other things come befor our daughters care, as in no help for daughters suicide episods, cleanlyness, schooling, the yeast infection, ring worm headlice for 2 weeks then again for another week all in a month and a half, undrstanding kids get things but this is to mucha nd even the docs and school think so, but i motions for phyical, modifications everything i can do im doing, my main goal is to get residence of her.